S.S.SUDHALKAR J. - (1.) By this writ petition, the employer is challenging the award of the Labour Court dated July 26, 2000, copy Annexure P/7, vide by which respondent No. 2 was ordered to be reinstated in service with full back wages.
(2.) The respondent was working as Secretary of the petitioner-Bank. The petitioner found Rs. 66,6017- to be recoverable from the: respondent. The contention of the petitioner is that the amount was embezzled by the respondent. Therefore, a letter annexure P/1 was issued against the respondent. The letter is dated September 29, 1993, which the petitioner wants to be treated as a charge sheet. The Labour Court held that the said letter could not be treated as charge sheet. It will he appropriate, therefore, to quote the text of the letter/annexure P/1, which is as under: "Subject: Regarding the embezzlement committed by Shri Tiwari Lal; As the Secretary of Loan and Service Society Likhi Ltd. has given in writing that you have committed an embezzlement of Rs. 66,681/- during your service tenure, the details of which are given as under: Cash Balance 1991-92 Rs. 190.00 Bogus L.P.O. Kind Rs. 1,818.00 Cash Balance Rs. 10,278.00 Embezzlement of Stock of Rs. 1,646.00 Medicine From Fertilizer Rs. 52,759.00 Rs. 66,681.00 Thus, you are ordered to deposit the above mentioned amount within 7 days of the receipt of this letter, otherwise, you will yourself be responsible for strict departmental proceedings initiated by the higher authorities."
(3.) The Labour Court has held that the perusal of letter showed that it was written by the Branch Manager of the concerned bank to the respondent regarding deposit of the amount and it cannot be said that the document was a charge sheet. The Labour Court further held that no list of witnesses was relied upon by the petitioner in the enquiry. Therefore, there was nothing on record to show that the copies of documents, relied upon by the petitioner in the enquiry, were issued to the respondent.;